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Call off kanwar yatra, or we will, SC tells UP
Citing widespread fears of a third wave of Covid-19, the bench of justices Rohinton F Nariman and BR Gavai gave the state government time till Monday to reconsider its decision of allowing the kanwar yatra
The Supreme Court on Friday observed that “the Uttar Pradesh government cannot go ahead with the kanwar yatra - 100%”, asking the state to either withdraw the decision to allow the religious pilgrimage “in the interest of health of the citizenry of India”, or invite an order from the court.
Citing widespread fears of a third wave of Covid-19, the bench of justices Rohinton F Nariman and BR Gavai gave the state government time till Monday to reconsider its decision of allowing the kanwar yatra due to “compelling religious reasons” and convey it to the court.
The ultimatum effectively ends any chance of the yatra, which attracts around 30 million pilgrims from many northern and northwestern states to Haridwar in Uttarakhand, where they collect water from the Ganga (gangajal) and take it back home, on foot or on cycles. Many of the pilgrims are from Uttar Pradesh, which is keen to go ahead with the yatra despite fears that it could be a superspreader event, and despite warnings from public health officials. Uttarakhand has already cancelled the yatra and said it will not allow the entry of pilgrims. Uttar Pradesh was looking at ways to ship gangajal in tankers and then allow the pilgrims to collect it by walk or cycle. Both states go to polls early next year.
“The UP government can’t go ahead with it - 100%...Either we order directly or we give you one final opportunity to reconsider your decision. Pandemic affects all of us. We are all the citizens of India. This suo motu (case initiated by the court on its own motion) has been taken up since Article 21 (right to life) applies to all of us. It is to safeguard each one of us,” the bench told senior counsel CS Vaidyanathan, who appeared for the UP government and agreed to return on Monday after a review of the decision.
Vaidyanathan earlier informed the court that the state has decided to allow a symbolic yatra with a restricted number of kanwariyas (pilgrims) who will have to follow safety protocols. He said that the district administration will ensure that the number of permissions thus granted will be kept to a minimum.
The UP government did not make any disclosure about a possible decision on Friday, but officials said they were in talks with kanwar associations, who may themselves call off the pilgrimage like last year.
“The UP government has instructed the administration to establish a dialogue with kanwar associations so the right decision can be taken regarding the organisation of the yatra,” said a government spokesperson.
“We are in talks with the kanwar sanghs and other states,” added Awanish Kumar Awasthi, additional chief secretary (home), Uttar Pradesh.
For the Union government, solicitor general Tushar Mehta submitted that movement of kanwariyas for bringing gangajal from Haridwar must not be allowed in view of the pandemic. The Centre’s affidavit advocated a system to make gangajal available through tankers at designated locations for devotees to collect and perform rituals. Advocate Abhishek Atrey, representing the Uttarakhand government, told the court that Uttarakhand has completely banned any physical form of yatra.
“We are of the view that this is a matter, which concerns every one of us as citizens of India, and goes to the very heart of Article 21 of the Constitution of India, which has a pride of place in the fundamental rights chapter of our Constitution. The health of the citizenry of India and their right to life are paramount. All other sentiments, albeit religious, are subservient to this most basic fundamental right,” said the court in its order.
The court was satisfied with the response of the Union and Uttarakhand governments but told the UP government unequivocally that it was not for allowing any physical movement for the pilgrimage. “Either you (Vaidyanathan) take this up with authorities to reconsider not allowing any physical movement at all or we will pass orders that we think is right,” the court said.
The bench then recorded in its order that “given the Covid pandemic and the fear that looms over all the citizens of India of a third wave of the pandemic”, Vaidyanathan has been asked whether the authorities would be in a position to reconsider holding or the allowing, for compelling religious reasons, this yatra in physical form at all.
“He (Vaidyanathan) responded positively to the court’s suggestion and asked for time to come out with an additional affidavit by Monday, July 19, to apprise this court as to whether there can be a reconsideration of holding the physical kanwar yatra at all,” stated the court in its order.
Stating that it is a “little disturbed” by UP government’s decision to allow the kanwar yatra despite fears of a third wave of Covid-19, the bench on Wednesday sought explanations from the Union and the relevant state governments on the proposed religious pilgrimage and “disparate political voices” on avoiding large gatherings.
It remarked that “the citizens of India are completely perplexed and don’t know what is going on” when different states are adopting a different stance.
The court in its order on Wednesday pointed out that UP is pressing ahead with the kanwar yatra while the neighbouring state of Uttarakhand, “with its hindsight of experience”, has suspended it over apprehensions of a possible third wave of the coronavirus disease.
Uttarakhand, which went ahead with the Kumbh Mela despite warnings from experts, saw a sharp increase in Covid-19 infections soon after. The management of the event has come under question with unearthing of a fake Covid tests racket.
The bench also noted discordant political voices, all on the same day as Uttarakhand said no to the kanwar yatra; UP said yes; and Prime Minister Narendra Modi told chief ministers of north-eastern states that it is up to the people to stop the third wave by adhering to safety protocols. “Given the disparate political voices, all speaking at the same time, it is important that the relevant secretary, Union of India, respond,” the court had said in its order.
Months after the Mahakumbh drew 9.1 million devotees and seeded clusters of infections, concerns have grown over the kanwar yatra.
Uttarakhand on Tuesday announced scrapping the annual pilgrimage this year, heeding warnings from health experts who cautioned that millions of devotees thronging the banks of the Ganga in Haridwar could spark a third wave of Covid-19.
The hill state also turned down a request from Uttar Pradesh, which allowed the pilgrimage to begin from July 25.
On Thursday, Uttarakhand chief minister Pushkar Singh Dhami told HT: “God won’t be pleased if lives are lost because of our laxity.”
